State vs IRFAN NAWAZ MEMON, DISTRICT MAGISTRATE Source of authority — 2024 PLD 256 ISLAMABAD

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State VS IRFAN NAWAZ MEMON, DISTRICT MAGISTRATE Source of authority---Actions of public officials---Accountability---In Pakistan, like other Constitutional states, public authority flows from the Constitution and Constitution alone---There is no other source of authority---Feature distinguishing legal authority from brute force is legitimacy---In a polity functioning under the Constitution, the concept of de facto power is akin to the concept of brute force, which is devoid of legitimacy---Only power that is clothed with legality and legitimacy is that which flows from the law and the Constitution and is thus de jure---Existence and exercise of de facto power in a state administered under a Constitution is the manifestation of weak Constitutionalism and speaks to the need to reduce the gap between the law and its implementation---Courts of law established under the Constitution and exercising authority vested by law, can never recognize or legitimize de facto power (referred to as 'ground realities' in the vernacular)---Doing so would delegitimize the Courts themselves---In a rule of law, system, power and responsibility go hand-in-hand---Any public official who is vested with authority and exercises it in the name of the State and its citizens, cannot shun the responsibility that comes with exercise of power---Deputy Commissioner or police officer has no authority other than that vested by law and no jurisdiction to exercise it except as mandated by law---Actions of public officials are protected by law in so far as they are backed by it---Their source of authority over fellow citizens is the authority of law, not personal authority that can be exercised at whim or on the basis of an illegal command---Public officials are responsible and accountable for their actions just as private citizens, if not more---Doctrine of agency underlying personal liability is fully applicable to the actions of public office holders.

State vs IRFAN NAWAZ MEMON, DISTRICT MAGISTRATE Source of authority — 2024 PLD 256 ISLAMABAD

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